Computer Fraud and Abuse
Act 1986 (US) 18 USC 1030(a)
1030. Fraud and related activity in connection with computers
(a) Whoever--
(1) knowingly accesses a computer without authorization
or
exceeds authorized access, and by means of
such conduct obtains
information that has been determined by the
United States Government
pursuant to an Executive order or statute
to require protection against
unauthorized disclosure for reasons of national
defense or foreign
relations, or any restricted data, as defined
in paragraph r. of
section 11 of the Atomic Energy Act of 1954,
with the intent or reason to
believe that such information so obtained
is to be used to the injury of
the United States, or to the advantage of
any foreign nation;
(2) intentionally accesses a computer without
authorization or exceeds
authorized access, and thereby obtains information
contained in a financial
record of a financial institution, or of
a card issuer as defined in
section 1602(n) of title 15, or contained
in a file of a consumer reporting
agency on a consumer, as such terms are defined
in the Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.);
(3) intentionally, without authorization to access
any computer of a
department or agency of the United States,
accesses such a computer of
that department or agency that is exclusively
for the use of the
Government of the United States or, in the
case of a computer not
exclusively for such use, is used by or for
the Government of the United
States and such conduct affects the use of
the Government's operation of
such computer;
(4) knowingly and with intent to defraud, accesses
a Federal interest computer
without authorization, or exceeds authorized
access, and by means
of such conduct furthers the intended fraud
and obtains anything of value,
unless the object of the fraud and the thing
obtained consists only of the
use of the computer;
(5) intentionally accesses a Federal interest
computer without authorization
and by means of one or more instances of
such conduct alters, damages, or
destroys information in any such Federal
interest computer, or prevents
authorized use of any such computer or information,
and thereby--
(A) causes loss to one or more
others of a value aggregating $1,000 or
more during any one
year period; or
(B) modifies or impairs, or potentially modifies
or impairs the medical
examination, medical
diagnosis, medical treatment, or medical care of
one or more individuals;
or
(6) knowingly and with intent to defraud traffics
(as defined in section 1029)
in any password or similar information through
which a computer may be
accessed without authorization, if--
(A) such trafficking affects
interstate or foreign commerce; or
(B) such computer is used by or for the Government
of the United States;
shall be punished as provided in subsection (c)
of this section.
Computer Fraud and Abuse
Act 1986 (US) 18 USC 1030(b)
(b) Whoever attempts to commit an offense under
subsection (a) of this section
shall be punished as provided in subsection (c) of this section.
Computer Fraud and Abuse
Act 1986 (US) 18 USC 1030(c)
(c) The punishment for an offense under subsection
(a) or (b) of this
section is -
(1)(A) a fine under this title or imprisonment
for not more than ten years or
both, in the case of an
offense under subsection (a)(1) of this section
which does not occur after
a conviction for another offense under such
subsection, or an attempt
to commit an offense punishable under this
subparagraph; and
(B) a fine under this title or imprisonment for
not more than twenty years,
or both, in the case of
an offense under subsection (a)(1) of this
section which occurs after
a conviction for another offense under such
subsection, or an attempt
to commit an offense punishable under this
subparagraph; and
(2)(A) a fine under this title or imprisonment
for not more than one year, or
both, in the case of an
offense under subsection (a)(2), (a)(3) or
(a)(6) of this section
which does not occur after a conviction for
another offense under such
subsection, or an attempt to commit an
offense punishable under
this subparagraph; and
(B) a fine under this title or imprisonment for
not more than ten years,
or both, in the case of
an offense under subsection (a)(2), (a)(3) or
(a)(6) of this section
which occurs after a conviction for another
offense under such subsection,
or an attempt to commit an offense
punishable under this subparagraph;
and
(3)(A) a fine under this title or imprisonment
for not more than five years or
both, in the case of an
offense under subsection (a)(4) or (a)(5) of
this section which does
not occur after a conviction for another
offense under such subsection,
or an attempt to commit an offense
punishable under this subparagraph;
and
(B) a fine under this title or imprisonment for
not more than ten years, or
both, in the case of an
offense under subsection (a)(4) or (a)(5) of
this section which occurs
after a conviction for another offense under
such subsection, or an
attempt to commit an offense punishable under
this subparagraph.
Computer Fraud and Abuse
Act 1986 (US) 18 USC 1030(d)
(d) The United States Secret Service shall, in
addition to any other agency
having such authority, have the authority to investigate offenses
under this
section. Such authority of the United States Secret Service
shall be exercised
in accordance with an agreement which shall be entered into
by the Secretary
of the Treasury and the Attorney General.
Computer Fraud and Abuse
Act 1986 (US) 18 USC 1030(e)
(e) As used in this section--
1) the term "computer" means an electronic,
magnetic, optical,
electrochemical, or other high speed data
processing device performing
logical, arithmetic, or storage functions,
and includes any data storage
facility or communications facility directly
related to or operating in
conjunction with such device, but such term
does not include an automated
typewriter or typesetter, a portable hand
held calculator, or other
similar device;
(2) the term "Federal interest computer"
means a computer--
(A) exclusively for the use
of a financial institution or the United States
Government, or, in
the case of a computer not exclusively for such use,
used by or for a
financial institution or the United States Government
and the conduct constituting
the offense affects the use of the
financial institution's
operation or the Government's operation of
such computer; or
(B) which is one of two or more computers
used in committing the offense,
not all of which
are located in the same State;
(3) the term "State" includes the District
of Columbia, the Commonwealth of
Puerto Rico, and any other possession or
territory of the United States;
(4) the term "financial institution"
means--
(A) an institution with deposits
insured by the Federal Deposit Insurance
Corporation;
(B) the Federal Reserve or a member of the
Federal Reserve including
any Federal Reserve
Bank;
(C) a credit union with accounts insured
by the National Credit Union
Administration;
(D) a member of the Federal home loan bank
system and any home loan
bank;
(E) any institution of the Farm Credit System
under the Farm Credit Act
of 1971;
(F) a broker-dealer registered with the Securities
and Exchange
Commission pursuant
to section 15 of the Securities Exchange Act
of 1934; and
(G) the Securities Investor Protection Corporation;
(5) the term "financial record" means
information derived from any record
held by a financial institution pertaining
to a customer's relationship
with the financial institution;
(6) the term "exceeds authorized access"
means to access a computer with
authorization and to use such access to obtain
or alter information in the
computer that the accesser is not entitled
so to obtain or alter; and
(7) the term "department of the United States"
means the legislative or
judicial branch of the government or one
of the executive departments
enumerated in section 101 of title 5.
Computer Fraud and Abuse
Act 1986 (US) 18 USC 1030(f)
(f) This section does not prohibit any lawfully
authorized investigative,
protective, or intelligence activity of a
law enforcement agency of the
United States, a State, or a political subdivision
of a State, or of an
intelligence agency of the United States